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HomeMy WebLinkAboutContract 59132CSC No. 59132 FORTWORTH, CONTRACT FOR THE CONSTRUCTION OF 5th Street at Carroll Street to Railroad Storm Drain Rehabilitation City Project No. 103059 and Carroll Street and Merrimac Street Storm Drain Rehabilitation City Project No. 103055 Mattie Parker Mayor David Cooke City Manager Lauren Prieur Interim Director, Transportation and Public Works Department Jennifer Dyke Assistant Director, Transportation and Public Works — Stormwater OFFICIAL RECORD CITY SECRETARY Prepared for FT. WORTH, TX The City of Fort Worth Transportation and Public Works Department 10/28/22 October 2022 HDR Engineering, Inc. Texas Firm Registration F-754 Conformed to Bid This page intentionally left blank. FORTWORTH, 411 City of Fort Worth Standard Construction Specification Documents Adopted September 2011 This page intentionally left blank. 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 8 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 0005 10 Mayor and Council Communication 07/01/2011 0005 15 Addenda 07/01/2011 0011 13 Invitation to Bidders 07/19/2021 0021 13 Instructions to Bidders 11/02/2021 0035 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/2021 00 42 43 Proposal Form Unit Price 09/30/2021 0043 13 Bid Bond 09/30/2021 00 43 37 Vendor Compliance to State Law Nonresident Bidder 06/27/2011 0045 11 Bidders Prequalifications 08/13/2011 00 45 12 Prequalification Statement 09/30/2021 0045 13 Prequalification Application 08/13/2021 00 45 26 Contractor Compliance with Workers' Compensation Law 07/01/2011 00 45 40 Business Equity Goal 10/27/2021 00 52 43 Agreement 11 /23/2021 0061 13 Performance Bond 07/01/2011 0061 14 Payment Bond 07/01/2011 0061 19 Maintenance Bond 07/01/2011 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 08/23/2021 00 73 00 Supplementary Conditions 03/09/2020 Division 01- General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 31 20 Project Meetings 07/01/2011 0132 16 Construction Schedule 08/13/2021 01 32 33 Preconstruction Video 07/01/2011 01 33 00 Submittals 12/20/2012 01 35 13 Spec al Project Procedures 03/11/2022 01 45 23 Testing and Inspection Services 03/09/2020 01 5000 Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 03/22/2021 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 58 13 Temporary Project Si na a 07/01/2011 01 60 00 Product Requirements 03/09/2020 01 66 00 Product Storage and Handling Requirements 07/01/2011 01 70 00 Mobilization and Remobilization 11/22/2016 01 71 23 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 0177 19 Closeout Requirements 03/22/2021 01 78 23 Operation and Maintenance Data 12/20/2012 01 78 39 Project Record Documents 07/01/2011 CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5th Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised June 10, 2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 8 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 03 - Concrete Date Modified 03 05 05 Concrete Testing and Inspection 03 11 13 Formwork 03 21 00 Reinforcement 03 31 30 Concrete, Materials and Proportioning 03 31 31 Concrete Mixing, Placing, Jointing, and Curing Division 05 — Metals 05 50 00 1 Metal Fabrications Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 33 01 31 Closed Circuit Television CCTV Inspection 3303 10 Bypass Pumping of Existing Storm Drain Systems 33 04 50 Cleaning of Storm Drain Mains 33 04 51 Storm Drain Chemical Grouting 3331 12 Cured in Place Pipe CIPP 33 31 50 Storm Drainage Service Connections and Service Line 3331 71 Rehabilitation of Storm Drain Using Spray Applied Pipe Liner SAPL Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: htti):Hfortworthtexas.2ov/tvw/contractors/ or httys:Happs.fortworthtexas.2ov/Proi ectResources/ Division 02 - Existing Conditions Last Revised 0241 13 Selective Site Demolition 03/11/2022 2 444-4 i 2 i�1-2 0241 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 03/11/2022 0334 13 Controlled Low Strength Material CLSM 12/20/2012 nBasei 2 i'�iz 03 80 00 Modifications to Existing Concrete Structures 12/20/2012 Division 26 - Electrical CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5th Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised June 10, 2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 8 Division 31- Earthwork 31 00 00 Site Clearing 03/22/2021 3123 16 Unclassified Excavation 01/28/2013 2 1�3 Beffew 01,129,9013 34-24-00 EM-h-M44omefA* 0113 21�0 GabionS 171 /7z 21 J"7--vvnn 37 �-1 1�i�ni�n1 rsrcvrrvr= >urvision -u - Exterior improvements 2 0 1 � 12,120,L2012 �z-v-rTr r 2 nl 1 Q 12,120,9012 �s-vrro r- 3 -0 2 9 12/20/2012 � 32 1123 Flexible Base Courses 12/20/2012 08io 1�15 32 12 16 Asphalt Paving 12/20/2012 4'� 1 , i�42 4 -3Genefete0611�22 324-3,20Genefete112101 22Cefter-etefft, 'Y1 P1 -2 224A�1 12�7z'z�- 4-2 41�-3 Gooefete Gufb Emd GiRefs aiid Valley &4tefs 0611 z 27Ma&ipg-snti,i101�r 11,10 n3 �-3 m-20420rr 3-3 06/08 i Tepseil Pla mefft and Finishifig ef R& 03 i,9i 0511�24 4Natiye-Seediffgnv1�21 Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 9/07/2018 22TTelevision nzilo 1�z 33 01 32 Closed Circuit Television CCTV Inspection — Storm Drain 03/11/2022 3303 10 Bypass Pumping of Existing Sewer Systems 12/20/2012 9 0 I n �--vnv 12,12042012 39--044-4- r2,-20r2012 33044-2 12 inn io 'mot 3-4-04-340 07,10142011 '22 nn nn Ts-v�-tv W/06 014 vrrvvrsoz� 33 04 50 Cleaning of Pipes 03/11/2022 3 nc I n �vTry , , nn ins 12021 vTrvz�zvzT CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5th Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised June 10, 2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 8 22 nc 12 12/2n/2n12 T✓--v�-Ts rci-zm-z�rc 22 nc 12 fame,over-ng-R12/09/202 22 nc 14 > > > 1 / n2/1 2n22 Gfade �� 22�6 Co efete W.,�� 12/2 z 22 -v�-zv nc 2n 12�/2n/2n1z2 �- 22 05 -ZT l.,♦e 21 T,,.�...el T i e« D12/2n/2n12 77--�J�T�PiZ 22 nc 22 12/2n/2n12 33415-22 irr20,Q012 22 nc 22 12/204012 �� rrrrvrrmiz 22 nc 2^ tief06,11942013 22 nc 2� 12/20/2012 �--v�-zv �z 22 nc 2n Leea4ien of Rxisting Ut4i6e& 12/20/2n12 22 11 nC Delta T1„ s ..p !'askets 12/2n/2n12 �✓-Tr-v� , , rLrtvrtozz 22 11 1n 12/2n/2n12 �-�--r-r-ry r�-avravzz 22 1 1 1 1 nn/2n/2n1 � � �— r-r-rT mn�rsoz-r 22 1 1 12 11 /16404Q � �— r-r-ra z-rrrvrsv-ry 22 11 12 enefeteffe12/2n/2012 le, 22 11 1^ 12/2n/2n12 � �--r-r-r� �z 22 1 2 1 n W tef SefN ees 1 i eh to 2 i e-h n2 /1 ^ /2n1 � �JTLTp V�1T 3942T 12 /2izr20,Q0 i 2 22 12 2n Desil;ef4 Seated !`_eke VaWe 05/06/2nn1 G �v v�rvv,n� 22 = n^ /2vT -3QO47 2 2Watef021,0619 � 22 a4efysteffis12/2z 2 2 1 2^ n Fife Hydfan4s 01,103,9014 22 12 cn 12/20/2012 �v �z 22 no C+, 1 , a T21 .�. 4�17.,1;.e 4q,;pF.l 1., 1 j 3331 12 Cured in Place Pipe CIPP 12/20/2012 22 3 12 12/2n/2n12 �� r�-avravzz 22 3 1 cDensit-yewetf04,123,12019 22 3 2n ewef46/1 n/2n12 22� 12/2z 22 /2n12 �32z2 12/2n�� 22 /2n12 �322 � 12�/2nz 33 31 50 Sanitary Sewer Service Connections and Service Line n^ 20�//�3 22 or-afyewer-or-ee12/2z 3339 10 Cast -in -Place Concrete Manholes 12/20/2012 33 39 20 Precast Concrete Manholes 12/20/2012 33 39 30 Fiberglass Manholes 12/20/2012 22�noAeeess12,12042z 22 3n 6n nefsewff04,129,9021 �J--�rr22 ^ 1 1 n n�m1 /2n1 1 v vTrv7•rcviz 3-4 1--1rTPipe 22 ^1 12 11/1 '2 Nn1c �✓-rrrr rr�-r-rrz-mr� 12/2z CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5th Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised June 10, 2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 8 2 2� Tfenet, D, ain n� ino,�- 'gin 33 49 10 Cast -in -Place Manholes and Junction Boxes 12/20/2012 33 49 20 Curb and Drop Inlets 03/11/2022 3 0 07,10 �4n4mTOT90 i mT Division 34 - Transportation 4 4 t o 03444 42- 3 n 44- T Att-aehmen4 Adler Cabif}et „ ' � n n�2 02,1-2042 � n n�o-3 n i�2 4 n t i i 44422,L2013 � n��3 03 /lei 4 n t 12/20/2z01 ��n v � 34nt Nnnt 061154015 4444200464-5 04- -z vvrr✓rz-o i� 24ni �nn� n�nc201 �v7 vvrr✓rz-vz5 24ni 2n � v rrrrrrrm� 3471 13 Traffic Control 03/22/2021 END OF SECTION CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5th Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised June 10, 2022 This page intentionally left blank. City of Fort Worth, Mayor and DATE: 02/14/23 Texas Council Communication M&C FILE NUMBER: M&C 23-0080 LOG NAME: 20SWM 5TH ST AT CARROLL AND CARROLL AT MERRIMAC SDR PROJECTS SUBJECT (CD 9 / Future CD 9) Reject All Bids Received August 18, 2022, for the 5th Street at Carroll Street to Railroad and Carroll Street and Merrimac Street Storm Drain Rehabilitation Projects and Authorize Execution of a Contract in the Amount of $1,048,090.00 to Vortex Lining Systems, LLC for the Same Projects Based on Bids Received on October 13, 2022 RECOMMENDATION: It is recommended that the City Council: 1. Reject all bids received on August 18, 2022, for the 5th Street at Carroll Street to Railroad project (City Project No. 103059) and Carroll Street and Merrimac Street Storm Drain Rehabilitation project (City Project No. 103055); and 2. Authorize Execution of a contract in the amount of $1,048,090.00 to Vortex Lining Systems, LLC for the 5th Street at Carroll Street to Railroad project (City Project No. 103059) and Carroll Street and Merrimac Street Storm Drain Rehabilitation project (City Project No. 103055) based on bids received on October 13, 2022. DISCUSSION: This Mayor and Council Communication (M&C) is to, by authority of the City Charter, reject all bids received on August 18, 2022 for the 5th Street at Carroll Street to Railroad project (City Project No. 103059) & Carroll Street and Merrimac Street Storm Drain Rehabilitation (SDR) project (City Project No. 103055) and award a contract in the amount of $1,048,090.00 to Vortex Lining Systems, LLC for the combined project based on bids received on October 13, 2022. These projects are part of the Stormwater Program's Storm Drain Rehabilitation Program which assesses the condition of existing drainage pipe systems to identify and prioritize pipes for rehabilitation before potential collapse and/or sinkholes form and then performs appropriate rehabilitation. The storm drain pipe rehabilitation will be done primarily through trenchless methods that avoid cutting into the street. The project was initially advertised for bid on July 21, 2022, and July 28, 2022, in the Fort Worth Star -Telegram. On August 18, 2022, one bid was received from PM Construction & Rehab, LLC. Due to procedural questions related to bid deadlines, it was decided to reject all bids and re - advertise the project. The second bidding process provided updated, clarified bid deadline language. The project was re -advertised for bid on September 21 and September 29, 2022, in the Fort Worth Star -Telegram. On October 13, 2022, the following bids were received: Bidders Amount Vortex Lining Systems, LLC $1,048,090.00 PM Construction & Rehab, LLC $1,075,455.00 Insituform Technologies, LLC $1,622,010.00 Construction is expected to begin in March 2023 and be completed by October 2023. In addition to the contract amount, $101,580.00 is required for project management, material testing and inspection and $52,000.00 is provided for project contingencies. Funding is budgeted in the Transportation & Public Works Department's Stormwater Rev Bonds 2020 Fund for the purpose of funding the Carroll St at Merrimac SDR and 5th St at Carroll to RR SDR projects, as appropriated. Vortex Lining Systems, LLC is in compliance with the City's Business Equity Ordinance by committing to 19% MWBE participation on this project. The City's MWBE goal on this project is 19%. This project is located in COUNCIL DISTRICT 9 FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Stormwater Rev Bonds 2020 Fund for the 5th St at Carroll Street to RR SDR and Carroll St at Merrimac SDR projects to support the approval of the above recommendations and award of the contract. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office bX. William Johnson 5806 Originating Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Linda Young 2485 000515-1 ADDENDA Page I SECTION 00 05 15 ADDENDUM NO. 1 5th Street at Carroll Street to Railroad and Merrimac and Carroll Streets Storm Drain Rehabilitation .City Project No. # 103059 & # 103055 ADDENDUM NO. l Issued Date: Friday, October 7, 2022 Bid Opening Date: 2:00pm Thursday October 13, 2022 This addendum forms part of the Contract Documents referenced above and modifies the original Contract Documents. A list of interested parties is attached. Acknowledge receipt of this Addendum by signing in the space below and attaching it to the Contract Documents (inside). Note receipt of this Addendum in the Bid Proposal and on the outer envelope of your bid. I.) The following specifications were inadvertently omitted from the specifications book and are added and enclosed herewith: a. Section 00 61 14 — Payment Bond b. Section 33 01 30 — Storm Drain and Manhole Testing c. Section 33 31 50 — Storm Drain Service Connections and Service Line Addendum No. 1 RECEIPT ACKNOWLEDGEMENT: Works By: Z'Z•' Vortex Lining Systems, LLC Company: Address: 18150 Imperial Valley Dr. City: Houston TX Lauren Prieur, Interim Director, Transportation & Public By: Cre", � Michael Crenshaw, P.E. Project Manager, T/PW Capital Delivery Page I of 1 Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 5"' Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 This page intentionally left blank. 0011 13 INVITATION TO BIDDERS Page 1 of 2 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 and 5th Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 ("Project") will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. CST, Thursday, October 13, 2022 as further described below: City of Fort Worth Purchasing Division 200 Texas Street Fort Worth, Texas 76102 Bids will be accepted by: US Mail, Courier, FedEx or hand delivery at the address above; Bids will be opened publicly and read aloud at 2:00 PM CST in the City Council Chambers. GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: The scope of work includes Storm Water pipe rehabilitation at the following locations; • Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055: Includes 620 LF of 30-inch Storm Water Pipe Rehabilitation by Cured -in -place pipe (CIPP) • 5th Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059: Includes 900 LF of 96-inch by 68-inch Arch Storm Water Pipe Rehabilitation by Spray Applied Pipe Lining (SAPL) with Cementitious Material. PREQUALIFICATION Certain improvements included in this project must be performed by a contractor or designated subcontractor who is pre -qualified by the City at the time of bid opening. The procedures for qualification and pre -qualification are outlined in the Section 3 of 00 21 13 — INSTRUCTIONS TO BIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained on-line by visiting the City of Fort Worth's Purchasing Division website at http://www.fortworthtexas.gov/purchasing/ and clicking on the link to the advertised project folders on the City's electronic document management and collaboration system site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. https://docs.b360.autodesk.com/shares/278c5271-600e-480c-a3fa-5Od3ceeb94al Copies of the Bidding and Contract Documents may be purchased from HDR Engineering, Inc., Attn: Rodrigo Vizcaino, Tel: 972-960-4400, 17111 Preston Road, Suite 300, Dallas, Texas 75248 The cost of Bidding and Contract Documents is: Set of Bidding and Contract Documents with full size drawings: $50 Set of Bidding and Contract Documents with half size drawings: $40 CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 51" Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised 7/19/2021 0011 13 INVITATION TO BIDDERS Page 2 of 2 EXPRESSION OF INTERSEST To ensure potential bidders are kept up to date of any new information pertinent to this project, all interested parties are requested to email Expressions of Interest in this procurement to the City Project Manager and the Design Engineer. The email should include the company's name, contact person and that individual's email address and phone number. All Addenda will be distributed directly to those who have expressed an interest in the procurement and will also be posted in the City of Fort Worth's purchasing website at http://fortworthtexas.gov/purchasing/ PREBID CONFERENCE — Pre -bid conference will not be held. CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject any or all bids. AWARD City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. FUNDING Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from revenues generated from bonds and reserved by the City for the Project. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Mike Crenshaw, City of Fort Worth Email: mike. crenshaw@fortworthtexas.gov Phone: 817-300-9960 AND/OR Attn: Rodrigo Vizcaino, PM, HDR Engineering, Inc. Email: rodrigo.vizcaino@hdrinc.com Phone: 972-960-4400 ADVERTISEMENT DATES September 27, 2022 October 06, 2022 END OF SECTION CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 51" Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised 7/19/2021 0021 13 INSTRUCTIONS TO BIDDERS SECTION 00 21 13 INSTRUCTIONS TO BIDDERS 1. Defined Terms Page 1 of 10 1.1. Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1. Bidders or their designated subcontractors are required to be prequalified for the work types requiring prequalification as per Sections 00 45 11 BIDDERS PREQUALIFICATIONS and 00 45 12 PREQUALIFICATION STATEMENT. Firms seeking pre -qualification, must submit the documentation identified in Section 00 45 11 on Section 00 45 13 PREQUALIFICATION APPLICATION at least seven (7) calendar days prior to Bid opening for review and, if qualified, acceptance. The subcontractors listed by a Bidder on 00 45 12 must be prequalified for the appropriate work types. Subcontractors must follow the same timelines as Bidders for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at the time bids are opened and reviewed may cause the bid to be rejected. Prequalification requirement work types and documentation are available by accessing all required files through the City's website at: https://apps.fortworthtexas.gov/ProjectResources/ v�jectResources/ 3.1.1. Paving — Requirements document located at: CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5' Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 10 https:Hgpps.fortworthtexas. og v/ProjectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPaving %20Contractor%o2OPrequalification%2OProgram/PREQUALIFICATION%20REO UIREMENTS%20FOR%20PAVING%2000NTRACTORS.pdf 3.1.2. Roadway and Pedestrian Lighting — Requirements document located at: hlWs:Hgpl2s.fortworthtexas. og v/ProjectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2ORoadwa y%20and%2OPedestrian%2OLighting%2OPrequalification%2OProgram/STREET% 20LIGHT%20PREQUAL%20REQMNTS.12df 3.1.3. Water and Sanitary Sewer — Requirements document located at: htlps:Hgpps.fortworthtexas. og v�jectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPrequalifi cati on/Water%20and%2 OSanitary%2OSewer%20Contractor%2OPrequalification%2OProgram/W S S%20pre qual%20requirements.12df 3.2. Each Bidder, unless currently prequalified, must submit to City at least seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 45 11, BIDDERS PREQUALIFICATIONS. 3.2. 1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. 3.3. The City reserves the right to require any pre -qualified contractor who is the apparent low bidder for a project to submit such additional information as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule to assist the City in evaluating and assessing the ability of the apparent low bidder to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information, if requested, may be grounds for rejecting the apparent low bidder as non -responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 3.4.In addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents. 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5' Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 10 4.1.1. Shall examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.5. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.6. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.7. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima -facie evidence that the Bidder has made the investigations, examinations and tests herein required. CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5' Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 10 4.1.8. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.2.4. Standard insurance requirements, coverages and limits. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work, Etc. CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5' Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 10 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or permits are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way, easements, and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Address questions to: City of Fort Worth 200 Texas Street Fort Worth, TX 76102 Attn: Michael Crenshaw, Transportation/Public Works Department Email mike. crenshaw@fortworthtexas.gov Phone: 817-392-7326 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3. Addenda or clarifications may be posted via the City's electronic document management and collaboration system. CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5' Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 10 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and return the Contract Documents within 14 days after the Notice of Award conveying same, City may consider Bidder to be in default, rescind the Notice of Award and act on the Bid Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to have defaulted. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or -Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 0125 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City's Business Equity Ordinance No.25165-10-2021 the City has goals for the participation of minority business and/or women business enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the M/WBE Project Goals and additional requirements. Failure to comply shall render the Bidder as non -responsive. Business Equity Ordinance No.25165-10-2021, as amended (replacing Ordinance No. 24534-11-2020), codified at: https:Hcodelibrar�gal.com/codes/ftworth/latest/ftworth_tx/0-0-0-22593 CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5' Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 10 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor or City has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained from the City. 12.2. All blanks on the Bid Form must be completed and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices for which the Bidder proposes to do the work contemplated or furnish materials required. All entries shall be legible. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5' Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 10 13. Submission of Bids Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed envelope, marked with the City Project Number, Project title, the name and address of Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 14. Withdrawal of Bids 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office may be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing and delivered to the Purchasing Office to receive a time stamp prior to the opening of Bids. A timely withdrawn bid will be returned to the Bidder or, if the request is within one hour of bid opening, will not be read aloud and will thereafter be returned unopened. 14.2. In the event any Bid for which a withdrawal request has been timely filed has been inadvertently opened, said Bid and any record thereof will subsequently be marked "Withdrawn" and will be given no further consideration for the award of contract. 15. Opening of Bids Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for a minimum of 90 days or the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5' Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 10 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. In addition to Bidder's relevant prequalification requirements, City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work where the identity of such Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by the City. 17.7.1. The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at httus://www.ethics.state.tx.us/data/forms/1295/1295.pdf 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5' Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 10 of 10 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Project Manual. Within 14 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Project Manual to City with the required Bonds, Certificates of Insurance, and all other required documentation. 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5`h Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised/Updated November 2, 2021 00 35 13 CONFLICT OF INTEREST STATEMENT Page 1 of 10 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent to a City of Fort Worth procurement is required to complete a Conflict of Interest Questionnaire or certify that one is current and on file with the City Secretary's Office pursuant to state law. If a member of the Fort Worth City Council, any one or more of the City Manager or Assistant City Managers, or an agent of the City who exercise discretion in the planning, recommending, selecting or contracting with a bidder, offeror or respondent is affiliated with your company, then a Local Government Officer Conflicts Disclosure Statement (CIS) may be required. You are urged to consult with counsel regarding the applicability of these forms and Local Government Code Chapter 176 to your company. The referenced forms may be downloaded from the links provided below. Form CIQ (Conflict of Interest Questionnaire) (state.tx.us) hops: //www. eth ics. state. tx. us/data/forms/conflict/C I S. r)df ❑ CIQ Form does not apply 2 CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary 21 CIS Form does not apply ❑ CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: END OF SECTION By: Matthew Sa ord Signature: Title: CFO CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 24, 2020 Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 5"' Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 00 41 00 - Bid Proposal Workbook This page intentionally left blank. 0041 00 BID FORM Page 2 of 10 SECTION 00 41 00 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 FOR: Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 and 5th Street at Carl 5th Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 City Project No.: CPN 103055 and CPN 103059 Units/Sections: Unit 1 and Unit 2 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. 'collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non- competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 00 41 00 - Bid Proposal Workbook Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 5"' Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 0041 00 BID FORM Page 3 of 10 d. 'coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. CIPP b. Spray Applied Lining c. Cleaning/CCTV d. - e. - f, - g. - h. - 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 140 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 'If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 00 41 00 - Bid Proposal Workbook Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 5`r Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 0041 00 BID FORM Page 4 of 10 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items <use this if applicable, otherwise delete> Total Base Bid <use this if applicable, otherwise delete $1,048,090.00 delete> delete> delete> Total Bid 7. Bid Submittal This Bid is submitted on RE By Title: CFO Matthew Samford (Printed Name) 10/13/2022 Company: Vortex Lining Systems, LLC Address: 18150 Imperial Valley Dr., Houston, TX 77060 State of Incorporation: Email: Phone: END OF SECTION #REF! #REF! #REF! #REF! by the entity named below. Receipt is acknowledged of the following Addenda: Initial Addendum No. 1:_�� Addendum No. 2: Addendum No. 3: Addendum No. 4: Corporate Seal: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 00 41 00 - Bid Proposal Workbook Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 5" Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 This page intentionally left blank. 00 42 43 BID PROPOSAL Page 5 of 10 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Unit 1 - Storm Water Rehabilitation by SAPL - 5th Street at Carroll to Railroad Bidlist Item No. 1 Description MOBILIZATION AND DEMOBILIZATION Specification Section No. 01 7000 Unit of Measure LS Bid Quantity 1 Unit Price $51,000.00 Bid Value $51,000.00 2 3 GROUND WATER MANAGEMENT / DEWATERING �STORMWATER POLLUTION PREVENTION PLAN (SWPPP) AND IMPLEMENTATION 99 99 99 O1 57 13 LS LS 1 1 $29,500.00 $3,025.00 $29,500.00 $3,025.00 4 (TRAFFIC CONTROL 3471 13 Month 41 $3,625.00 $14,500.001 I 5 ,CHEMICAL GROUT INJECTION 33 04 51 LF 75 I $350.00 $26,250.001 I6 (INTERNAL PACKER GROUTING 33 04 51 LF 1051 $350.00 $36,750.001 I 7 (TRIM PROTRUDING LATERAL 99 99 99 Ea. 9 I $600.00 $5,400.001 1 8 ILATERAL SERVICE REINSTATEMENT & BRUSHING 99 99 99 Ea. 121 $350.00 $4,200.001 I 9 IFLOWABLE FILL (TO FILL SOIL VOID) 03 31 31 CY 1951 $270.00 $52,650,001 I 10 (PRE CCTV INSPECTION 3301 32 LF 900 I $11.25 $10,125.001 ' 11 (POST CCTV INSPECTION 3301 32 LF 9001 $5.75 $5,175.001 I12 INORMAL CLEANING OF STORM DRAIN 33 04 50 LF 9001 $27.00 $24,300.001 I13 (HEAVY CLEANING OF STORM DRAIN 33 04 50 LF 101 $54.00 $540.001 14 INSTALLATION OF SAPL, COMPLETE, IN PLACE AND READY TO USE (NOT INCLUDE BYPASS PUMPING) 33 31 71 I LF ( 900 1 $475.001 $427,500.00 15 BYPASS PUMPING 33 03 10 LS 1 1 $2,500.00 $2,500.00 Sub -Total Unit 1 - $693,415.00 Unit 2 - Storm Water Rehabilitation by CIPP - Carroll Street and Merrimac Street Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 CITY OF FORT WORTH 5" Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 STANDARD CONSTRUCTION SPECIFICATION DOCUNIENTS Revised 9/30/2021 00 41 00 - Bid Proposal Workbook 00 42 43 BID PROPOSAL Page 6 of 10 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Unit 1 - Storm Water Rehabilitation by PIP P - Carroll Street and Merrimac Street Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value 1 BYPASS PUMPING / DEWATERING/ GROUNDWATER MANAGEMENT 99 99 99 LS 1 $9,300.00 $9,300.00 2 STORMWATER POLLUTION PREVENTION PLAN (SWPPP) AND IMPLEMENTATION O1 57 13 LS 1 $3,000.00 $3,000.00 3 TRAFFIC CONTROL 3471 13 Weeks 2 $7,250.00 $14,500.00 4 TRIM PROTRUDING LATERAL 99 99 99 Ea. 3 $3,000.00 $9,000.00 5 TRIM PROTRUDING GROUT 33 04 51 Ea. 4 $4,200.00 $16,800.00 6 PRE -CONSTRUCTION CCTV INSPECTION 3301 32 LF 620 $7.00 $4,340.00 7 POST -CONSTRUCTION CCTV INSPECTION 3301 32 LF 620 $3.75 $2,325.00 8 INORMAL CLEANING OF STORM DRAIN 33 04 50 LF 620 $8.50 $5,270.00 9 HEAVY CLEANING OF STORM DRAIN 33 04 50 LF 395 $52.00 $20,540.00 10 INSTALLATION OF 30-INCH CIPP, COMPLETE, IN PLACE AND READY TO USE (NOT INCLUDE BYPASS PUMPING) 3331 12 LF 620 1 $430.00 $266,600.00 11 LATERAL SERVICE REINSTATEMENT & BRUSHING 99 99 99 Ea. 1 5 $600.00 $3,000.00 Sub -Total Unit 2- $354,675.00 TOTAL BID $1,048,090.00 END OF SECTION CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5"' Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised 9/30/2021 00 4100 - Bid Proposal Workbook SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: 00 43 13 BID BOND Page 1 of 2 That we, Vortex Lining Systems, LLC , known as "Bidder" herein and Everest Reinsurance Company a corporate surety duly authorized to do business in the State of Texas, known as "Surety" herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of five percent (5%) of Bidder's maximum bid price, in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid or proposal to perform Work for the following project designated as 5th Street at Carroll Street to Railroad Storm Drain Rehabilitation; City Project #103059 and Carroll Street and Merrimac Street Storm Drain Rehabilitation City Project No. 103055 NOW, THEREFORE, the condition of this obligation is such that if the City shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the City in accordance with the terms of such same, then this obligation shall be and become null and void. If, however, the Principal fails to execute such Contract in accordance with the terms of same or fails to satisfy all requirements and conditions required for the execution of the Contract, this bond shall become the property of the City, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate City for the difference between Principal's total bid amount and the next selected bidder's total bid amount. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the _10th day of October 2022. I11, Memo I ..! IM MIN... - PRINCIPAL: Vortex Lininq Systems, LLC BY: � na ure 4fb*�eo 2aplyd- (2E0 Name and Title CITY OF FORT WORTH Carroll Street and Men-itnac Street Stonn Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5" Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised 9/30/2021 Witness to Surety Daisy Greathouse Attach Power of Attorney (Surety) for Attorney -in -Fact 004313 BID BOND Page 2 of 2 Address: 181SO Imperial Valley Drive SURETY: Everest Reinsuran o n _ BY: _ ignature Autumn Stockton, Attorney -In -Fact _ Name and Title Address: 100 Everest Way, Warren Corporate Center Warren. NJ 07059 Telephone Number: (908) 604-3000 `Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5"' Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised 9/30/2021 J*- A-ATE R F.S'C: POWER OF ATTORNEY EVEREST REINSURANCE COMPANY DELAWARE KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware ("Company') having its principal office located at 100 Everest Way, Warren, NJ 07059, do hereby nominate, constitute, and appoint: Florence McClellan, Kristin Darling, Aaron P. Clark, Autumn Stockton, Robert F. Bobo, Timothy F. Kelly, Laura Lee Kneitz, Dan W. Burton, Teresa D. Kelly, Craig C. Payne, Rachel Richardson its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation. Such bonds and undertakings, when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company ('Board") on the 28th day of July 2016: RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co -surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co -surety and attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co -surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co -surety with others to which it is attached. IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto, and these presents to be signed by theirduly authorized officers this 28th day of July 2016. \�5U1aryeP Everest Reinsurance Company v i SEAL1973 / �•. *! Attest: Nicole Chase, Assistant Secretary By: resident On this 28th day of July 2016, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that he executed said instrument by like order. LINDA ROBINS Notary Public, State of New York No 01 R06239736 Qualified in Queens County Z, Term Expires April 25, 2023 Linda Robins, Notary Public IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at Warren, NJ, this 10th day of October 20 22 . ES 00 01 04 16 Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 5`6 Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 This page intentionally left blank. 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 9 of 10 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas.0 BIDDER: END OF SECTION By: Matthew Samford Signature) Title: CFO Date: 10/10/2022 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 00 41 00 - Bid Proposal Workbook Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 5°i Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 This page intentionally left blank. 004511-1 BIDDERS PREQUALIFICAT IONS Page 1 of 3 SECTION 00 45 11 BIDDERS PREQUALIFICATIONS 1. Summary. ABidder or their designated subcontractors are required to be prequalified or have applied for prequalification by the City for the work types requiring prequalification prior to submitting bids. To be considered for award of contract the Bidder must submit Section 00 45 12, PREQUALIFICATION STATEMENT for the work type(s) listed with their Bid. Any contractor or subcontractor who is not prequalified for the work type(s) listed must submit Section 00 45 13, PREQUALIFICATION APPLICATION in accordance with the requirements below. The information must be submitted seven (7) days prior to the date of the opening of bids. Subcontractors must follow the same timelines as contractors for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at the time bids are opened and reviewed may cause the bid to be rejected. The prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. For example, a contractor wishing to submit bids on projects to be opened on the 7th of April must file the information by the 31 st day of March in order to eligible to work on these projects. In order to facilitate the approval of a Bidder's Prequalification Application, the following must accompany the submission. a. A complete set of audited or reviewed financial statements. (1) Classified Balance Sheet (2) Income Statement (3) Statement of Cash Flows (4) Statement of Retained Earnings (5) Notes to the Financial Statements, if any b. A certified copy of the firm's organizational documents (Corporate Charter, Articles of Incorporation, Articles of Organization, Certificate of Formation, LLC Regulations, and Certificate of Limited Partnership Agreement). c. A completed Bidder Prequalification Application. (1) The firm's Texas Taxpayer Identification Number as issued by the Texas Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification number visit the Texas Comptroller of Public Accounts online at the following web address www.window.state.tx.us/taxpermit/ and fillout the application to apply for your Texas tax ID. (2) The firm's e-mail address and fax number. (3) The firm's DUNS number as issued by Dun & Bradstreet. This number is used by the City for required reporting on Federal Aid projects. The DUNS number maybe obtained at www.dnb.com. d. Resumes reflecting the construction experience of the principles of the firm for firms submitting their initial prequalification. These resumes should include the size and scope of the work performed. e. Other information as requested by the City. 2. Prequalification Requirements a. Financial Statements. Financial statement submission must be provided in accordance with the following: (1) The City requires that the original Financial Statement or a certified copy be submitted for consideration. CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5`' Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised August 13, 2021 00 45 11 -2 BIDDERS PREQUALIFICAT IONS Page 2of3 (2) To be satisfactory, the financial statements must be audited or reviewed by an independent, certified public accounting firm registered and in good standing in any state. Current Texas statues also require that accounting firms performing audits or reviews on business entities within the State of Texas be properly licensed or registered with the Texas State Board of Public Accountancy. (3) The accounting firm should state in the audit report or review whether the contractor is an individual, corporation, or limited liability company. (4) Financial Statements must be presented in U.S. dollars at the current rate of exchange of the Balance Sheet date. (5) The City will not recognize any certified public accountant as independent who is not, in fact, independent. (6) The accountant's opinion on the financial statements of the contracting company should state that the audit or review has been conducted in accordance with auditing standards generally accepted in the United States of America. This must be stated in the accounting firm's opinion. It should: (1) express an unqualified opinion, or (2) express a qualified opinion on the statements taken as a whole. (7) The City reserves the right to require a new statement at any time. (8) The financial statement must be prepared as of the last day of any month, not more than one year old and must be on file with the City 16 months thereafter, in accordance with Paragraph 1. (9) The City will determine a contractor's bidding capacity for the purposes of awarding contracts. Bidding capacity is determined by multiplying the positive net working capital (working capital= current assets— current liabilities) by a factor of 10. Only those statements reflecting a positive net working capital position will be considered satisfactory for prequalification purposes. (10) In the case that a bidding date falls within the time anew financial statement is being prepared, the previous statement shall be updated with proper verification. b. Bidder Prequalification Application. ABidder Prequalification Application must be submitted along with audited or reviewed financial statements by firms wishing to be eligible to bid on all classes of construction and maintenance projects. Incomplete Applications will be rejected. (1) In those schedules where there is nothing to report, the notation of "None" or "N/A" should be inserted. (2) A minimum of five (5) references of related work must be provided. (3) Submission of an equipment schedule which indicates equipment under the control of the Contractor and which is related to the type of work for which the Contactor is seeking prequalification. The schedule must include the manufacturer, model and general common description of each piece of equipment. Abbreviations or means of describing equipment other than provided above w ill not be ac c epted. 3. Eligibility for Award of Contract a. The City shall be the sole judge as to a contractor's prequalification. b. The City may reject, suspend, or modify any prequalification for failure by the contractor to demonstrate acceptable financial ability or performance. c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5`' Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised August 13, 2021 00 45 11 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 d. If a contractor has a valid prequalification letter, the contractor will be eligible to perform the prequalified work types until the expiration date stated in the letter. END OF SECTION CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5t' Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised August 13, 2021 This page intentionally left blank. 00 45 12 PREQUALIFICATION STATEMENT Page 10 of 10 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date C I PP SAK 4/30/2023 Spray Applied Lining Vortex Lining Systems, LLC 4/30/2023 Cleaning/CCTV BCAC 4/30/2023 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Vortex Lining Systems, LLC By: Matt ew Sa ford ( igna re) Title: CFO Date: 18150 Imperial Valley Dr., Houston, TX 77060 0 0 END OF SECTION Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 CITY OF FORT WORTH 5`h Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 09/30/2021 00 4100 • Bid Proposal Workbook FORTWORTH. "080 August 04, 2022 Mr. Nathan Kennedy VORTEX Lining Systems, LLC 18150 Imperial Valley Drive Houston, TX 77060 PREQUALIFICATION TO BID CITY OF FORT WORTH WATER DEPARTMENT PROJECTS Dear Mr. Kennedy: Thank you for your submittal of information and data toward prequalification to perform our work. We are pleased to advise that your prequalification has been finalized. A bid limit $190,607,180.00 has been established for your organization based on the financial data submitted. Your firm is prequalified to perform the following work: — Miscellaneous work restricted to Trenchless Rehabilitation (CIPP Installations) for SS no larger than 500 linear feet; up to 84-inch diameter The prequalification and bid limit established above will remain current through 4/30/2023 This date was established to be sixteen (16) months from the date of the most recent financial statement received, unless rescinded for cause. Should you desire prequalification in the future beyond the aforementioned, submittal of updated financials, work experience, and equipment list will be necessary for this department to establish a new bid limit. Please be advised that the plans and documents for the work to be performed must be submitted to and approved by the City of Fort Worth Water Department. We appreciate your interest in our work and should you have some question in this or other matters within our purview, please do not hesitate to contact Mr. John Kasavich at (817)392-8480 or Norma Sauceda at (817)392- 6055. Yours very truly, MAIL TO: John Kasavich, P.E. I oI Fort Worth Water Department for /Olkg h c( Engineering & Regulatory Services Chris Harder, P.E. 200 Texas Street Water Director Fort Worth, TX 76102 Fort Worth awacacnr i 1964.1993.2011 WATER DEPARTMENT THE CITY OF FORT WORTH * 200 TEXAS STREET * FORT WORTH, TEXAS 76102 817-392-8240 * FAx 817-392-8195 Printed on recycled paper Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 5t' Street at Carroll Street to Railroad Storm Drain Rehabilitation— CPN 103059 CERTIFICATION (Vortex Lining Systems, LLC) Date: January 1, 2021 TO WHOM IT MAY CONCERN: I, the undersigned Secretary and General Counsel of Vortex Companies, LLC, a Delaware limited liability company, hereby certify as follows: • That Vortex Lining Systems, LLC was previously named Quadex Lining Systems, LLC, with such name change effective January 1, 2021; • That Vortex Lining Systems, LLC is a wholly -owned subsidiary of Vortex Infrastructure Services, LLC, which is a wholly -owned subsidiary of Vortex Companies, LLC; • That the following individuals are officers of Vortex Companies, LLC and Vortex Lining Systems, LLC, and are authorized signatories for Vortex Lining Systems, LLC, a Delaware limited liability company: Michael Vellano Chief Executive Officer Wesley Kingery President — Services Nicholas Banchetti Chief Operating Officer - Services B.J. Kersteins Regional Vice President, VLS Matthew Samford Chief Financial Officer Louis Gastin Assistant Secretary • That each of the foregoing officers is authorized to execute bid packages, contracts, subcontracts, purchase orders, change orders and all other contract documents on behalf of the Company and fully bind the Company. This Certification may be relied upon by third parties to confirm the authority of officers to act on behalf of the Company. VORTEX LINING SYSTEMS, LLC By: Vortex Infrastructure Services, LLC, its sole member By: Vortex Companies, LLC, its sole member By: Quin Breland, Secretary and General Counsel Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 5`h Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 This page intentionally left blank. FORT WORTH., SECTION 00 45 13 004513-1 BIDDER PREQUALIFICATION APPLICATION Page 1 of 8 PREQUALIFICATION APPLICATION Date of Balance Sheet Name under which you wish to qualify Post Office Box City Mark only one: Individual Limited Partnership General Partnership Corporation Limited Liability Company State Zip Code Street Address (required) City State Zip Code Telephone Fax Email Texas Taxpayer Identification No. Federal Employers Identification No. DUNS No. (if applicable) Email/mail this questionnaire along with financial statements to the appropriate group below. A separate submittal is required for water/sewer, paving, and lighting: Work Category— Water Dept - Water/sewer Work Category— TPW Paving Work Category— TPW Ped/Rdwy Lighting j ohn.kasavich(a,FortWorthTexas. gov Alicia. Garcia(a� fortworthtexas. gov clint.hoover(a� fortworthtexas. gov Fort Worth Water Department Engineering and City of Fort Worth Transportation and Public City of Fort Worth TPW Transportation Fiscal Services Division 200 Texas St. Fort Works Dept. 8851 Camp Bowie West Blvd. Fort Management Attn: Clint Hoover, P.E. 5001 Worth, TX 76102 Worth, Texas 76116 Attn: Alicia Garcia James Ave. Fort Worth, TX 76115 *Financial Statements must be mailed. Mark the envelope: "Bidder Prequalification Application" CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5 s Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised August 13, 2021 004513-2 BIDDER PREQUALIFICATION APPLICATION Page 2 of 8 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm: (Check the block(s) which are applicable — Block 3 is to be left blank if Block 1 and/or Block 2 is checked) Has fewer than 100 employees and/or Has less than $6,000,000.00 in annual gross receipts OR Does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. Select major work categories for which you would like to be prequalified (City may deem you are not qualified for selected category or may approve you at a lesser size/length and maximum size may not be listed specifically under a major work category): MAJOR WORK CATEGORIES Water Department Augur Boring - 24-inch diameter casing and less Augur Boring - Greater than 24-inch diameter casing and greater Tunneling — 36-Inches — 60 —inches, and 350 LF or less Tunneling - 36-Inches — 60 —inches, and greater than 350 LF Tunneling — 66" and greater, 350 LF and greater Tunneling — 66" and greater, 350 LF or Less Cathodic Protection Water Distribution, Development, 8-inch diameter and smaller Water Distribution, Urban and Renewal, 8-inch diameter and smaller Water Distribution, Development, 12-inch diameter and smaller Water Distribution, Urban and Renewal, 12-inch diameter and smaller Water Transmission, Development, 24-inches and smaller Water Transmission, Urban/Renewal, 24-inches and smaller Water Transmission, Development, 42-inches and smaller Water Transmission, Urban/Renewal, 42-inches and smaller Water Transmission, Development, All Sizes Water Transmission, Urban/Renewal, All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches — 36-inches Sewer Bypass Pumping 42-inches and larger CCTV, 8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller CCTV, 24-inches and smaller CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5`s Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised August 13, 2021 004513-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES, CONTINUED CCTV, 42-inches and smaller CCTV, 48-inches and smaller Sewer CIPP, 12-inches and smaller Sewer CIPP, 24-inches and smaller Sewer CIPP, 42-inches and smaller Sewer CIPP, All Sizes Sewer Collection System, Development, 8-inches and smaller Sewer Collection System, Urban/Renewal, 8-inches and smaller Sewer Collection System, Development, 12-inches and smaller Sewer Collection System, Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development, 24-inches and smaller Sewer Interceptors, Urban/Renewal, 24-inches and smaller Sewer Interceptors, Development, 42-inches and smaller Sewer Interceptors, Urban/Renewal, 42-inches and smaller Sewer Interceptors, Development, 48-inches and smaller Sewer Interceptors, Urban/Renewal, 48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement, All Sizes Sewer Cleaning, 24-inches and smaller Sewer Cleaning, 42-inches and smaller Sewer Cleaning, All Sizes Sewer Cleaning, 8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction (LESS THAN 15,000 square yards) Asphalt Paving Construction/Reconstruction (15,000 square yards and GREATER) Asphalt Paving Heavy Maintenance (UNDER $1,000,000) Asphalt Paving Heavy Maintenance ($1,000,000 and OVER) Concrete Paving Construction/Reconstruction (LESS THAN 15,000 square yards)* Concrete Paving Construction/Reconstruction (15,000 square yards and GREATER)* Roadway and Pedestrian Lighting NOTE *There is not a prequalification requirement for installation of concrete sidewalk, curb & gutter, driveways, and panel replacement, only concrete paving CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5`s Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised August 13, 2021 004513-4 BIDDER PREQUALIFICATION APPLICATION Page 4 of 8 1. List equipment you do not own but which is available by renting DESCRIPTION OF EQUIPMENT I NAME AND DETAILED ADDRESS OF OWNER 2. How many years has your organization been in business as a general contractor under your present name? List previous business names: 3. How many years of experience in construction work has your organization had: (a) As a General Contractor: (b) As a Sub -Contractor: 4. *What projects has your organization completed in Texas and elsewhere? CONTRACT AMOUNT CLASS OF WORK DATE COMPLETED LOCATION CITY -COUNTY- STATE NAME AND DETAILED ADDRESS OF OFFICIAL TO WHOM YOU REFER *If requalifying only show work performed since last statement. 5.Have you ever failed to complete any work awarded to you? If so, where and why? 6. Has any officer or owner of your organization ever been an officer of another organization that failed to complete a contract? If so, state the name of the individual, other organization and reason. 7. Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? If so, state the name of the individual, name of owner and CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5`s Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised August 13, 2021 004513-5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 8. In what other lines of business are you financially interested? 9. Have you ever performed any work for the City? If so, when and to whom do you refer? 10. State names and detailed addresses of all producers from whom you have purchased principal materials during the last three years. NAME OF FIRM OR COMPANY I DETAILED ADDRESS 11. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship to this person or firm. 12. What is the construction experience of the principal individuals in your organization? NAME PRESENT POSITION OR OFFICE YEARS OF EXPERIENCE MAGNITUDE AND TYPE OF WORK IN WHAT CAPACITY 13. If any owner, officer, director, or stockholder of your firm is an employee of the City, or shares the same household with a City employee, please list the name of the City employee and the relationship. In addition, list any City employee who is the spouse, child, or parent of an owner, officer, stockholder, or director who does not live in the same household but who receives care and assistance from that person as a direct result of a documented medical condition. This includes foster children or those related by adoption or marriage. CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5`s Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised August 13, 2021 004513-6 BIDDER PREQUALIFICATION APPLICATION Page 6 of 8 CORPORATION BLOCK PARTNERSHIP BLOCK If a corporation: Date of Incorporation Charter/File No. President Vice Presidents If a partnership: State of Organization Date of organization Is partnership general, limited, or registered limited liability partnership? File No. (if Limited Partnership) General Partners/Officers Secretary Treasurer Limited Partners (if applicable) LIMITED LIABILITY COMPANY BLOCK If a corporation: State of Incorporation Date of organization File No. Officers or Managers (with titles, if any) Individuals authorizcd to sign for Partnership Except for limited partners, the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised. Should you wish to grant signature authority for additional individuals, please attach a certified copy of the corporate resolution, corporate minutes, partnership agreement, power of attorney or other legal documentation which grants this authority. CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5`s Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised August 13, 2021 004513-7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 14. Equipment TOTAL Similar types of equipment may be lumped together. If your firm has more than 30 types of equipment, you may show these 30 types and show the remainder as "various". The City, by allowing you to show only 30 types of equipment, reserves the right to request a complete, detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification. In the description include, the manufacturer, model, and general common description of each. ITEM QUANTITY ITEM DESCRIPTION BALANCE SHEET VALUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Various - TOTAL CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5`s Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised August 13, 2021 004513-8 BIDDER PREQUALIFICATION APPLICATION Page 8 of 8 BIDDER PREQUALIFICATION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given; that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as well as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information, while this statement is in force, necessary to verify said statement. , being duly sworn, deposes and says that he/she is the of , the entity described in and which executed the foregoing statement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: Signature: Sworn to before me this day of , Notary Public Notary Public must not be an officer, director, or stockholder or relative thereof. CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5`s Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised August 13, 2021 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. CPNIO3055 and CPN103059 Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Vortex Lining Systems, LLC Company 18150 Imperial Valley Dr. Address Houston, TX., 77060 City/State/Zip THE STATE OF TEXAS § COUNTY OFAI is S By: BJ Kerstiens (Please Print) Signature: Title: Regional Vice President (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared BJ Kerstiens , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of Vortex Lining Systems, LLC for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 31 st day of October 2022. END OF SECTION .� i JOCELYN PUENTE „��cPPY P�6'G Notary Public, State of Texas Comm. Expires 11-23-2024 Notary ID 132796820 CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5' Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised July 1, 2011 This page intentionally left blank. 00 45 40 - 1 Business Equity Goal Page 1 of 2 SECTION 00 45 40 Business Equity Goal APPLICATION OF POLICY If the total dollar value of the contract is $100,000 or more, then a Business Equity goal is applicable. A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises (M/WBEs). POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity Firms when applicable, in the procurement of all goods and services. All requirements and regulations stated in the City's Business Equity Ordinance No.25165-10-2021, (replacing Ordinance No. 24534-11- 2020 (codified at: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth tx/0-0-0-22593) apply to this bid. BUSINESS EQUITY PROJECT GOAL The City's Business Equity goal on this project is bid applies to Parks and Community Services). 19% of the total bid value of the contract (Base METHODS TO COMPLY WITH THE GOAL On City contracts where a Business Equity Goal is applied, offerors are required to comply with the City's Business Equity Ordinance by meeting or exceeding the above stated goal or otherwise comply with the ordinance through one of the following methods: 1. Commercially useful services performed by a Business Equity prime contractor, 2. Business Equity subcontracting participation, 3. Combination of Business Equity prime services and Business Equity subcontracting participation, 4. Business Equity Joint Venture/Mentor-Protege participation, 5. Good Faith Effort documentation, or 6. Prime contractor Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION Applicable documents (listed below) must be received by the Purchasing Division, OR the offeror shall EMAIL the Business Equity documentation to the assigned City of Fort Worth Project Manager or Department Designee. Documents are to be received no later than 2:00 p.m., on the third City business day after the bid opening date, exclusive of the bid opening date. The Offeror must submit one or more of the following documents: 1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 2. Good Faith Effort Form and Utilization Form, including supporting documentation, if participation is less than stated goal, or no Business Equity participation is accomplished; 3. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform all subcontracting/supplier opportunities; or 4. Joint Venture/Mentor-Protege Form, if goal is met or exceeded with a Joint Venture or Mentor - Protege participation. These forms can be found at: Business Equity Utilization Form and Letter of Intent hMs://apps.fortworthtexas. og v/ProjectResources/ResourcesP/60 - MWBE/Business Equity Utilization Form_DVIN 2022 220324.pdf CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 51' Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised October 27, 2021 004540-2 Business Equity Goal Page 2 of 2 Letter of Intent https://apps.fortworthtexas. og v/ProjectResources/ResourcesP/60 - MWBE/Letter of Intent_DVIN 2021.pdf Business Equity Good Faith Effort Form https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60 - MWBE/Good Faith Effort Form_DVIN 2022.pdf Business Equity Prime Contractor Waiver Form https:Hgpps.fortworthtexas. og v/ProjectResources/ResourcesP/60 - MWBE/MWBE Prime Contractor Waiver-220313.pdf Business Equity Joint Venture Form https://apps.fortworthtexas. o� v�jectResources/ResourcesP/60 - MWBE/MWBE Joint Venture_220225.pdf FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BIDDER/OFFEROR BEING DECLARED NON -RESPONSIVE AND THE BID REJECTED. FAILURE TO SUBMIT THE REQUIRED BUSINESS EOUTY DOCUMENTATION OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BID BEING DECLARED NON- RESPONSIVE, THE BID REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS AS DESCRIBED IN SEC. 20-373 OF THE ORDINANCE. For Questions, Please Contact The Business Equity Division of the Department of Diversity and Inclusion at (817) 392-2674. CITY OF FORT WORTH END OF SECTION Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 51' Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised October 27, 2021 00 52 43 - 1 Agreement Page 1 of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on 02/1 4/2023 , is made by and between the City of Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), and Vortex Lining Systems , authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor may jointly be referred to as Parties. City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 5th Street at Carroll Street to Railroad and Merrimac and Carroll Streets Storm Drain Rehabilitation City Project No. # 103059 & # 103055 Article 3. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount, in current funds, of one million forty-eight thousand ninety Dollars ($1, 048, 090.00). Contract price may be adjusted by change orders duly authorized by the Parties. Article 4. CONTRACT TIME 4.1 Final Acceptance. The Work shall be complete for Final Acceptance within 180 days after the date when the Contract Time commences to run, as provided in Paragraph 2.02 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City One OFFICIAL RECORD Thousand and 00/100 Dollars $1 000.00) for each day that expires after the time CITY SECRETARY specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of FT. WORTH, TX Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 Revised 11/23/2021 5' Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 005243-2 Agreement Page 2 of 6 Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non -Resident Bidder 3) Prequalification Statement 4) State and Federal documents (project specific) b. Current Prevailing Wage Rate Table c. Insurance ACORD Form(s) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Utilization Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by any act, omission or negligence of the city. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 Revised 11/23/2021 5' Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 005243-3 Agreement Page 3 of 6 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by any act, omission or negligence of the city. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Non-Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 Revised 11/23/2021 5' Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 00 52 43 - 4 Agreement Page 4 of 6 7.8 Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7.9 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 7.10 Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 Revised 11/23/2021 561 Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 005243-5 Agreement Page 5 of 6 7.11 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.12 No Third -Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third -party beneficiaries. 7.13 No Cause of Action Against Engineer. Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on -site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 Revised 11/23/2021 5t' Street at Carroll Street to Railroad Storm Drain Rehabilitation— CPN 103059 005243-6 Agreement Page 6 of 6 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor: By: Signature BJ Kerstiens (Printed Name) Regional Vice President Title 18150 Imperial Valley Dr. Address Houston, TX 77060 City/State/Zip Mar 2, 2023 Date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth By:� William Johnson (Ma 29, 202308:54 CDT) William Johnson Assistant City Manager Mar 29, 2023 Date nan 9FORT n�A Attest:09= op*° sd ad4n nE�pSaa Jannette Goodall, City Secretary (Seal) M&C: 23-0080 Date: 02/14/2023 Form 1295 No.: 2022-956031 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. ame and Title Approved as to Form and Legality: MA DBlack ( gar 21, 202313:55 CDT) Douglas W. Black Sr. Assistant City Attorney APPROVAL RECOMMENDED: Lauren Prieur (Mar 23, 202315:04 CDT) Lauren Prieur, Director Transportation & Public Works Department CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 Revised 11/23/2021 5`h Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 006113-1 PERFORMANCE BOND SECTION 00 6113 R ] R...cola : exl01 THE STATE OF TEXAS COUNTY OF TARRANT That we, Vortex Lining Systems, LLC "Principal" herein and Everest Reinsurance Page 1 of 2 Bond No. ES00010380 KNOW ALL BY THESE PRESENTS: known as a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of, One Million Forty Eight Thousand Ninety and 00/100 Dollars (S 1,048,090.00 ), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the 14th day of February , 20 23 , which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 and 5th Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059. NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract, according to the plans, specifications, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the City, then this obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 51h Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised July 1, 2011 0061 13 - 2 PERFORMANCE BOND Page 2 of 2 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 6th day of March 20 23 PRINCIPAL: 46��4YK� Witness as to Surety Laura Kneitz Vortex Lining Systems, LLC BY: Signature BJ Kerstiens, Regional Vice President Name and Title Address: 18150 Imperial Valley Drive Houston, TX 77060 SURETY: Everest Reinsurance Company L"h"AWPI'K' BY:Signature Teresa D. Kelly, Attorney -in -Fact Name and Title Address: 100 Everest Way, Warren Corporate Center Warren, NJ 07059 Telephone Number: (908) 604-3000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5t° Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised July 1, 2011 0061 14 - 1 PAYMENT BOND Page 1 of 2 SECTION 00 6114 PAYMENT BOND Bond No. ES00010380 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Vortex Lining Systems, LLC known as "Principal" herein, and Everest Reinsurance Company , a corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of One Million Forty Eight Thousand Ninety and 00/100 Dollars (S 1,048,090.00 ), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, Principal has entered into a certain written Contract with City, awarded the 14th day of February , 20 23 , which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as Carroll Street and Merrimac Street Stortn Drain Rehabilitation - CPN 103055 and 5th Street at Carroll Street to Railroad Storm Drain Rehabilitation - CPN 103059. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5th Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised July 1, 2011 0061 14-2 PAYMENT BOND Page 2 of 2 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 6th day of March 20 23 1'; R ': Vortex Lining Systems, LLC ATTEST: BY: Si ature BJ Kerstiens, Regional Vice President (P r ' 6cipal) Secre Name and Title Address: 18150 Imperial Valley Drive Xr Akya'ua' Houston, TX 77060 V6t&ss as t Critpil SURETY: Everest Reinsurance Company fN C1, ATTEST: BY:-Ut�C� , Signature Teresa D. Kelly, Attorney -in -Fact (Surety) Secretary Name and Title Address: 100 Everest Way, Warren Corporate Center Warren, NJ 07059 Witness Surety Laura Knetz Telephone Number: _L908) 604-3000 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5th Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised July 1, 2011 0061 19 - 1 MAINTENANCE BOND SECTION 00 6119 THE STATE OF TEXAS Page 1 of 3 Bond No. ES00010380 KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT That we Vortex Lining Systems, LLC , known as "Principal" herein and Everest Reinsurance Company , a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the sum of One Million Forty Eight Thousand Ninety and 00/100 Dollars ($1,048,090.00 ), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the 14th day of February , 20 23 , which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order (collectively herein, the "Work") as provided for in said contract and designated as Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 and 5,h Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059; and WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two (2) years after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5"' Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised July 1, 2011 006119-2 MAINTENANCE BOND Page 2 of 3 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the City of the need therefor at any time within the Maintenance Period. NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 5"' Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised July 1, 2011 006119-3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 6th day of March 52023 ATTEST (Pri cipal) Secretary C�-�-t9tiL.J ' ess as to inc'pal ATTEST- - (Surety) Secretary Laura Kneitz Witness as to Surety PRINCIPAL: Vortex Lining Systems, LLC BY: _4s;il naturc g BJ Kerstienc,Regional Vice President Name and Title Address: 18150 Imperial Valley Drive Houston, TX 77060 SURETY: Everest Reinsurance Company �Ouraj),, ` "e c �/} �^'� SEAL .3 BY: V�/��, r d 1973 Signature Teresa D. Kelly, Attorney -in -Fact Name and Title Address: 100 Everest Way, Warren Corporate Center Warren, NJ 07059 Telephone Number: (908) 604-3000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 51h Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Revised July 1, 2011 J"" ZWE R F.S\ POWER OF ATTORNEY EVEREST REINSURANCE COMPANY DELAWARE KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware ("Company") having its principal office located at 100 Everest Way, Warren, NJ 07059, do hereby nominate, constitute, and appoint: Florence McClellan, Kristin Darling, Aaron P. Clark, Autumn Stockton, Robert F. Bobo, Timothy F. Kelly, Laura Lee Kneitz, Teresa D. Kelly, Craig C. Payne, Rachel Richardson its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation. Such bonds and undertakings, when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company ("Board") on the 28th day of July 2016: RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co -surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co -surety and attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co -surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co -surety with others to which it is attached. IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 28th day of July 2016. O� RA'F O 4 SEAL 1973 �l wA4h'.r Attest: Nicole Chase, Assistant Secretary Everest Reinsurance Company By: Anthony Romano, Vice President On this 28th day of July 2016, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that he executed said instrument by like order. LINDA ROBINS Notary Public, State of New York No 01R06239736 Qualified in Queens County Term Expires April 25, 2023 Linda Robins, Notary Public IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at Warren, NJ, this 6th day of March 20 23 . QtirSuraq�P v ' SEAL y ' f973 ES 00 01 04 16 '41-AWO 2711E R TEXAS IMPORTANT NOTICE To obtain information or make a complaint: TEXSAS AVISO IMPORTANTE Para obener informacion o para someter una queja: You may call toll -free for information or to make a Usted puede Ilamar al numero de telefono gratis complaint at para informacion o para someter una queja al 1-866-287-1736 You may also write to: Everest National Insurance Company 477 Martinsville Road, PO Box 830 Liberty Corner, NJ 07938-0830 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 FAX: (512) 490 — 1001 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should first contact the agent or call 1-908-604-3000. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part of condition of the attached document. N P 70 68 0901 1-866-287-1736 Usted tambien puede escribir a: Everest National Insurance Company 477 Martinsville Road, PO Box 830 Liberty Corner, NJ 07938-0830 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al 1- 800-252-3439 Puede escribir al Departamento de Seguros de Texas Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 FAX# (512) 490-1007 Web: http://www/tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiena una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o primero. Si no se resolve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del document adjunto. This page intentionally left blank. 5"' Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Miscellaneous Attachment: M529788 Master ID: 1494524, Certificate ID: 19335243 All policies (except Workers' Compensation/EL) include a blanket automatic additional insured [provision] that confers additional insured status to the certificate holder only if there is a written contract between the named insured and the certificate holder that requires the named insured to name the certificate holder as an additional insured. In the absence of such a contractual obligation on the part of the named insured, the certificate holder is not an additional insured under the policy. All policies include a blanket automatic waiver of subrogation endorsement [provision] that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. In the absence of such a contractual obligation on the part of the named insured, the waiver of subrogation feature does not apply. All policies (except Workers' Compensation/EL) contain a special endorsement with "Primary and Noncontributory" wording. All policies include a blanket notice of cancellation to certificate holders endorsement, providing for 30 days' advance notice if the policy is cancelled by the company other than for nonpayment of premium, 10 days' notice if the policy is cancelled for nonpayment of premium. Notice is sent to certificate holders with mailing addresses on file with the agent or the company. The endorsement does not provide for notice of cancellation if the named insured requests cancellation. Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 5" Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 Attachment Code: D541833 Master ID: 1494524, Certificate ID: 19335243 VORTEX NAMED INSUREDS Vortex Infrastructure Holdco, LLC Vortex Companies, LLC Vortex Infrastructure Services, LLC Vortex Lining Systems, LLC F/K/A Quadex Lining Systems, LLC Vortex Industrial Solutions, LLC Vortex Services, LLC F/K/A VacVision Environmental, LLC dba VacVision, LLC Excavating Services, LLC North American Pipeline Services, LLC Vortex Infrastructure Products, LLC Quadex, LLC Schwalm USA, LLC Vortex Companies International, LLC Vortex International US, Inc. F/K/A Quadex International US, Inc. Vortex Canada Inc. Fleer-Tech GmbH Vortex Technology Group, LLC CIPP Corp., LLC Vortex Geotechnical, LLC Signature: Email: jannette.goodall@fortworthtexas.gov Carroll Street and Merrimac Street Storm Drain Rehabilitation - CPN 103055 5"' Street at Carroll Street to Railroad Storm Drain Rehabilitation — CPN 103059 CPN 103055 & 059 Storm Drain Rehab Final Audit Report 2023-03-28 Created: 2023-03-22 By: Sadie Ishmael (Sadie.Ishmael@fortworthtexas.gov) Status: Canceled / Declined Transaction ID: CBJCHBCAABAAivdK36X81KZC-3rWdtcjniiSlkSTgnke "CPN 103055 & 059_Storm Drain Rehab" History Document created by Sadie.Ishmael@fortworthtexas.gov 2023-03-22 - 0:07:14 AM GMT- IP address: 204.10.90.100 J Signer Sadie.Ishmael@fortworthtexas.gov entered name at signing as Sadie Ishmael 2023-03-22 - 0:24:27 AM GMT- IP address: 204.10.90.100 J Document approved by Sadie Ishmael (Sadie.Ishmael@fortworthtexas.gov) Approval Date: 2023-03-22 - 0:24:29 AM GMT - Time Source: server- IP address: 204.10.90.100 Document emailed to Mike.Crenshaw@fortworthtexas.gov for signature 2023-03-22 - 0:24:33 AM GMT Email viewed by Mike.Crenshaw@fortworthtexas.gov 2023-03-22 - 1:47:00 PM GMT- IP address: 75.8.102.238 J Signer Mike.Crenshaw@fortworthtexas.gov entered name at signing as Michael Crenshaw 2023-03-22 - 1:47:32 PM GMT- IP address: 75.8.102.238 J Document e-signed by Michael Crenshaw (Mike.Crenshaw@fortworthtexas.gov) Signature Date: 2023-03-22 - 1:47:34 PM GMT - Time Source: server- IP address: 75.8.102.238 Document emailed to Shelly Larson (slarson@vortexcompanies.com) for approval 2023-03-22 - 1:47:40 PM GMT Email viewed by Shelly Larson (slarson@vortexcompanies.com) 2023-03-23 - 1:58:51 PM GMT- IP address: 216.201.149.22 f Document approved by Shelly Larson (slarson@vortexcompanies.com) Approval Date: 2023-03-23 - 1:59:51 PM GMT - Time Source: server- IP address: 216.201.149.22 Document emailed to deirdre.oneal@fortworthtexas.gov for approval 2023-03-23 - 1:59:56 PM GMT FDRTWORTHs I P—md8y Adobe Acrobat Sign Email viewed by deirdre.oneal@fortworthtexas.gov 2023-03-23 - 7:08:55 PM GMT- IP address: 99.9.194.226 L14 Signer deirdre.oneal@fortworthtexas.gov entered name at signing as Deirdre O&#39;Neal - Risk Management 2023-03-23 - 7:11:10 PM GMT- IP address: 99.9.194.226 L16 Document approved by Deirdre O'Neal - Risk Management (deirdre.oneal@fortworthtexas.gov) Approval Date: 2023-03-23 - 7:11:12 PM GMT - Time Source: server- IP address: 99.9.194.226 Document emailed to Michael.Owen@fortworthtexas.gov for approval 2023-03-23 - 7:11:17 PM GMT Email viewed by Michael.Owen@fortworthtexas.gov 2023-03-23 - 7:26:51 PM GMT- IP address: 204.10.90.100 L14 Signer Michael.Owen@fortworthtexas.gov entered name at signing as Michael Owen 2023-03-23 - 7:27:52 PM GMT- IP address: 204.10.90.100 L16 Document approved by Michael Owen (Michael.Owen@fortworthtexas.gov) Approval Date: 2023-03-23 - 7:27:54 PM GMT - Time Source: server- IP address: 204.10.90.100 Document emailed to Lauren.Prieur@fortworthtexas.gov for signature 2023-03-23 - 7:27:59 PM GMT Email viewed by Lauren.Prieur@fortworthtexas.gov 2023-03-23 - 8:03:39 PM GMT- IP address: 108.209.194.42 J Signer Lauren.Prieur@fortworthtexas.gov entered name at signing as Lauren Prieur 2023-03-23 - 8:03:59 PM GMT- IP address: 108.209.194.42 GS© Document e-signed by Lauren Prieur (Lauren.Prieur@fortworthtexas.gov) Signature Date: 2023-03-23 - 8:04:01 PM GMT - Time Source: server- IP address: 108.209.194.42 �-. Document emailed to doug.black@fortworthtexas.gov for signature 2023-03-23 - 8:04:07 PM GMT Email viewed by doug.black@fortworthtexas.gov 2023-03-27 - 6:47:50 PM GMT- IP address: 204.10.90.100 GS© Signer doug.black@fortworthtexas.gov entered name at signing as DBlack 2023-03-27 - 6:55:12 PM GMT- IP address: 204.10.90.100 J Document e-signed by DBlack (doug.black@fortworthtexas.gov) Signature Date: 2023-03-27 - 6:55:14 PM GMT - Time Source: server- IP address: 204.10.90.100- Signature captured from device with phone number XXXXXXX4583 FDRTWORTHs I P—md8y Adobe Acrobat Sign Document emailed to William.Johnson@fortworthtexas.gov for signature 2023-03-27 - 6:55:20 PM GMT Email viewed by William.Johnson@fortworthtexas.gov 2023-03-28 - 4:52:02 PM GMT- IP address: 204.10.90.100 Document canceled by Sadie Ishmael (Sadie.Ishmael@fortworthtexas.gov) 2023-03-28 - 9:57:57 PM GMT- IP address: 204.10.90.100 Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted. FDRTWORTHs I Pawered8y Adobe Acrobat Sign FORT WORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: 103055-059 Carroll-Merrimac/5t" at Carroll to RR Storm Drain Rehab M&C: 23-0080 CPN: 103055-59 CSO: DOC#: Date: To: Name Department Initials Date Out 1. Mike Crenshaw TPW Mar 22, 2023 2. Vortex Lining Systems Contractor Mar 23, 2023 3. Deirdre O'Neal Risk Mgmt 00 Mar 23, 2023 4. Michael Owen TPW o Mar 23, 2023 5. Lauren Prieur TPW LP Mar 23, 2023 6. Doug Black Legal .b Mar 27, 2023 7. William Johnson CMO WJ Mar 29, 2023 8. Melissa Brunner CSO Mar 29, 2023 9. Jannette Goodall CSO T� JSG Mar 29, 2023 10. Allison Tidwell CSO Mar 30, 2023 11. TPW—SW—Contracts TPW SW CC: Program Manager — Linda Young, Sr. CPO — Lissette Acevedo, TPW BSPAP Recon Team — Cindy Sengathith DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: []YES ®No SAME DAY: []YES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return to: tpw sw contracts(&fortworthtexas.gov Call 817-229-3283 with questions. Thank you!